164.5805 Transfer of assets, liabilities, and staff positions of Kentucky Tech System -- Employee benefits and salaries of transferred employees -- Rules governing transferred employees. - Kentucky Statutes

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164.5805 Transfer of assets, liabilities, and staff positions of Kentucky Tech System -- Employee benefits and salaries of transferred employees -- Rules governing
transferred employees. (1) Effective July 1, 1998, the Kentucky Community and Technical College System shall be the legal successor to the postsecondary Kentucky Tech institutions and
corresponding administrative units in the former Cabinet for Workforce
Development and shall assume all assets and liabilities of this system, including
without limitation all obligations, responsibilities, programs, staff, instructional
supplies, equipment, real property, facilities, funds, and records. The Finance and
Administration Cabinet shall execute the instruments necessary to transfer the real
property relating to the operation of the postsecondary institutions in the Kentucky
Tech System from the former Cabinet for Workforce Development to the Kentucky
Community and Technical College System.
(a) The staff positions in the former Department for Technical Education and the former Cabinet for Workforce Development whose responsibilities include
support for the postsecondary institutions in the Kentucky Tech System and
the school-based positions shall be transferred to the Kentucky Community
and Technical College System. Selected employees of the Kentucky Tech
regional offices shall be transferred and reassigned within the Kentucky
Community and Technical College System. Appropriate central office
functions from the Department for Technical Education shall be assigned
within the system to carry out the administrative and support functions with
the approval of the board of regents for the Kentucky Community and
Technical College System. (b) All funds related to the costs of operating the Kentucky Tech postsecondary institutions, including the administrative costs, shall be transferred to the
board of regents for the Kentucky Community and Technical College System
for carrying out the mission of the postsecondary technical institutions and
colleges. (c) Funds raised by a not-for-profit or nonprofit organization for a specific program or technical institution shall be for the exclusive use of the program
or that technical institution. (d) The following provisions shall apply to the employees who are transferred from the former Cabinet for Workforce Development to the Kentucky
Community and Technical College System, effective July 1, 1998:
1. Accumulated sick leave, compensatory time, and annual leave as of June
30, 1998, shall be transferred with each employee; 2. Employees who have earned continuing status as defined in KRS
151B.010 and employees who have earned classified status as merit
system employees under KRS Chapter 18A shall be provided the same
standing. Those employees who are transferred and are in the process of
earning continuing status or classified status shall earn their standing
based on the rules that were governing them on June 30, 1998, in their respective systems. New employees within the system shall earn status
based on the new policies established by the board; 3. Employees shall transfer into the new system at a salary not less than
their previous salary as of June 30, 1998; 4. Employees shall be provided retirement plans in the same system where
they are currently enrolled: the Kentucky Teachers' Retirement System
under KRS 161.220 or the Kentucky Employees Retirement System
under KRS 61.525; 5. Employees shall be provided a health benefits package that is available
or equivalent to that provided to other state or university employees; and 6. Employees shall be provided life insurance coverage and optional
insurance or investment programs. (e) The board shall adopt rules that are the same as the administrative regulations under KRS Chapter 151B in effect on June 30, 1998, to govern the certified
and equivalent employees who transfer from the former Cabinet for
Workforce Development, except that the rules shall provide that all grievances
and appeals shall be to the board of regents or to the board's designee. The
board shall adopt rules that are the same as the administrative regulations
under KRS Chapter 18A in effect on June 30, 1998, to govern the transferred
classified employees, except that the rules shall provide that all grievances and
appeals shall be to the board of regents or to the board's designee. A
transferred employee shall have the option to elect to participate in the new
Kentucky Community and Technical College personnel system in lieu of the
rules under which the employee transferred. An employee who elects to accept
this option may not return to the previous personnel policy. An employee shall
have the right to exercise this option at any time. (2) New employees hired after July 1, 1997, in the Kentucky Community and Technical College System shall be governed by the rules and regulations established by the
board. Effective: July 12, 2006
History: Amended 2006 Ky. Acts ch. 211, sec. 107, effective July 12, 2006. -- Created 1997 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 18, effective May 30, 1997.